Term of Service
Overview
Term of Service
Media Brands Survey Program
- Services
- Compensation
- Grant of Rights
- Confidentiality
- Term and Termination
- Representation and Warranties
- Indemnification
- Governing Law
- Miscellaneous
Payment & Royalty
Term of Service Agreement
Last Date: February 21, 2024
These Terms of Service (“Terms”) govern your use of Tony Brands, operated by Tony Brands LLC (“us”, “we”, or “our”).
By accessing or using the our website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the website.
Your Information
When you providing information to us, you must provide accurate, complete, and up-to-date information.
Intellectual Property
Our website and its original content, features, and functionality are and will remain the exclusive property of Tony Brands LLC. Our website is protected by copyright, trademark, and other laws of both in the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tony Brands LLC.
Links to Other Websites
Our website may contain links to third-party websites or services that are not owned or controlled by Tony Brands LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Tony Brands LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Termination
We may terminate or suspend access to our website or service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of North Carolina and the United States, without regard to its conflict of law provisions.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
Media Brands Survey Program Agreement
This Media Brands Survey Program Agreement (the “Agreement”) is entered into by and between Tony Brands LLC, and [Media Company], an individual (“Content Creator”). Collectively, the parties may be referred to as the “Parties.”
Services:
(a) Content Creator & Media Company agrees to host, promote Tony Brands survey contents through Youtube, Twitch and other media platform.
(b) Content Creator shall perform the services in a professional and timely manner, consistent with Tony Brands standards.
Compensation:
(a) In consideration for the services rendered, Tony Brands agrees to compensate Content Creator or Media Company as outlined in Exhibit B in ‘Services’ section.
(b) Payment terms and methods are specified in Payment & Royalty Agreement.
Grant of Rights To Tony Brands:
(a) Content Creator and Media Company grants Tony Brands an exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display the content creator or media companies contents in any media format, now known or hereafter devised, for the duration of the intellectual property rights.
(b) Content Creator and Media Company retains 100% ownership of their intellectual property rights created on Tony Brands website, service, and platform.
Confidentiality:
(a) Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the engagement.
(b) This obligation of confidentiality survives the termination of this Agreement.
Term and Termination:
(a) The term of this Agreement shall commence on the Effective Date and continue until terminated by either party with [Number of Days] days’ written notice.
(b) Either party may terminate this Agreement immediately for a material breach by the other party.
Representation and Warranties:
(a) Content Creator and a Media Company represents and warrants that they have the legal right to grant the rights specified in Section 3 and that the contents created on Tony Brands platforms does not infringe the intellectual property rights of any copyrights holder or third party.
(b) Content Creator and a Media Company represents and warrants that it has the authority to enter into this Agreement.
Indemnification:
(a) Content Creator and a Media Company agrees to indemnify and hold Tony Brands LLC harmless from any claims, losses, or damages arising out of contents created on Tony Brands or a breach of this Agreement.
(b) Tony Brands agrees to indemnify and hold Content Creator and Media Company harmless from any claims, losses, or damages arising out of the use of the content created on Tony Brands beyond the scope of the license granted herein.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of North Carolina.
Miscellaneous:
(a) This Agreement constitutes the entire understanding between the Parties.
(b) Amendments to this Agreement must be in writing and signed by both Parties.
Payment & Royalty Agreement
This Payment Royalty Agreement (the “Agreement”) is entered into by and between Tony Brands, and content creator (“Client”). Collectively, Payer and Recipient may be referred to as the “Parties.”
Grant of Royalty:
Tony Brands (Payer) agrees to pay content creator (Client) a royalty on the net revenue generated from the use, sale, or licensing of the intellectual property. The royalty rate and calculation method are detailed in in the royalties section.
Payment Terms:
(a) Royalties shall be paid to Recipient monthly or quarterly within the Client accumulate enough royalties to make the $125 minimum payout after the end of each royalty period.
(b) Payment shall be made via Stripe payment processing to the bank account specified by Client.
Accounting and Statements:
(a) Payer shall provide detailed statements to Client along with each royalty payment, showing the calculation of net revenue and the corresponding royalty owed.
(b) Client has the right to request additional documentation or clarification regarding the calculation of net revenue.
Term and Termination:
(a) The term of this Agreement shall commence on the Effective Date and continue until terminated by either party with 30 days’ written notice.
(b) Either party may terminate this Agreement immediately for a material breach by the other party.
Confidentiality:
(a) Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of this Agreement.
(b) This obligation of confidentiality survives the termination of this Agreement.
Representations and Warranties:
(a) Payer represents and warrants that it has the right to use, sell, or license the Intellectual Property and that the use does not infringe the intellectual property rights of any third party.
(b) Recipient represents and warrants that it is the rightful owner of the Intellectual Property or has the authority to receive royalties on behalf of the owner.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of North Carolina.
Miscellaneous:
(a) This Agreement constitutes the entire understanding between the Parties.
(b) Amendments to this Agreement must be in writing and signed by both Parties.